b) Burgertex’s privacy statement (the “Privacy Statement”), which can be seen at www.burgertex.com/privacy-policy.
Importantly, you confirm that you are either 18 or older by using and accessing the Burgertex Website.
Use of the Burgertex website and intellectual property
i) Without Burgertex’s permission, you undertake not to disseminate in any way any content from the Burgertex Website, including but not limited to User Content (defined below).
ii) You agree not to use any technology or means other than those made available on the publicly accessible pages of the Burgertex Website to access User Content (defined below) or any other content offered on the Burgertex Website.
iii) Without Burgertex’s prior written consent, you do not utilize the Burgertex Website for any commercial purpose. Any of these are prohibited from commercial usage.
The sale of advertising on the Burgertex Website or any third-party website that is targeted to specific User Content or other content;
The sale of advertising on the Burgertex Website or any third-party website that is targeted to specific User Content or other content; the sale of access to the Burgertex Website or its related services on another website;
The use of the Burgertex Website or its related services for the primary purpose of generating advertising or subscription revenue;
And any use of the Burgertex Website or related services that Burgertex determines, in its sole discretion, to use the Burgert.
iv) You acknowledge that using or launching any automatic system that accesses the Burgertex Website in a way that transmits unsolicited messages, such as “robots,” “spiders,” or “offline readers,” is prohibited.
2.1 The Burgertex servers that humans can logically create using a traditional online web browser in a given amount of time. You do not harvest or acquire any personally identifiable information from the Burgertex website for commercial solicitation reasons. You acknowledge that using any user’s User Content from the Burgertex Website for commercial gain is prohibited.
2.3 All information on the Burgertex website—except User Content, which is described below—including, but not limited to, text, software, scripts, images, photographs, sounds, music, and videos.
The associated trademarks, service marks, and logos (“Website Marks”) are owned by or used under license by Burgertex and are protected by copyright and other intellectual property laws. Without the prior written consent of the respective owners, website content and user content are only provided to you AS IS for your information and personal use.
They cannot be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or exploited for other purposes. All express and implied rights in and to the Burgertex Website, Website Content, and Website Marks are reserved by Burgertex.
2.4 You may only view Website Content and User Content as intended through standard Burgertex Website functionality for your information and personal use.
2.6 You acknowledge and agree that you shall not use, copy, or distribute any Website Content or User Content for any commercial purposes unless this agreement explicitly authorizes such use, copying, or distribution.
2.7 By using the Burgertex Website, you undertake not to bypass, deactivate, or otherwise tamper with security-related measures, those that forbid or restrict the use of or access to any Website Content or User Content, or features that impose limitations on the use of the Burgertex Website or the Website Content or User Content therein.
2.8 You realize that using the Burgertex Website will expose you to User Content from various sources and that Burgertex is not responsible for the truth, usefulness, safety, or intellectual property rights of or about such User Content. You further acknowledge and agree that Burgertex may expose you to User Content that is defamatory or objectionable for any other reason.
You agree to waive, and as a result, do waive, any legal or equitable rights or remedies you have or may have against Burgertex for it. You also agree to hold Burgertex, its Owners/Operators, affiliates, and licensors harmless to the fullest extent permitted by law regarding all issues arising from your use.
2.9 User Behavior and “User Content.”
You may post videos, photos, recipes, and other types of content (“User Content”) as a Burgertex Website user. You accept that Burgertex does not guarantee any confidentiality about any User Content, whether or not such User Content is published on the Burgertex Website.
To the fullest extent permissible by law, Burgertex disclaims all responsibility for your User Content and any risks associated with uploading or publishing it. You vouch for, guarantee, and confirm the following with User Content:
A. All patent, trademark, trade secret, and copyright rights are yours. You have the required licenses, rights, consents, and permissions to use them, and you have given Burgertex permission.
B. You agree not to submit any User Content that is illegal, fraudulent, inaccurate, false, misleading, or deceptive or that Burgertex may find to violate any intellectual property, trade secret, privacy, publicity, or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable for race, religion, origin, or gender, not suitable for children under the age of
C. You shall get the permission of every individual or entity that might appear in your User Content;
D. Your User Content must not be infected with viruses or damage anybody or anything; and
E. You agree to abide by any laws and rules that may be in force, including those that cover copyright, content, defamation, privacy, publicity, and access to or use another person’s computer or communication system.
Suppose Burgertex reasonably believes that you have violated the terms of this paragraph 2.9. In that case, Burgertex has the right to refuse to upload or display any User Content.
2.10 To be clear, you continue to be the only owner of your User Content. However, by providing Burgertex with User Content, you thus offer Burgertex a worldwide, non-exclusive, royalty-free, transferable right to use, edit, adapt, modify, change, and add to User Content as you see fit.
The Burgertex Website and its operations of Burgertex (and successors and affiliates), including, without limitation, advertising and redistributing all or a portion of the Burgertex Website (and derivative works thereof) in any media formats and via any media channels.
The above permissions granted by you about the User Content expire if you remove or delete your User Content from the Burgertex Website.
Burgertex may keep server copies of removed or deleted User Content. Still, you agree that it won’t be seen, shared, or performed.
2.11 If you contribute user content and you have moral rights (or equivalent rights) in that content, you agree that Burgertex may use such content from time to time in any manner we see fit, including making significant changes to it and generating money out of it with or without crediting you.
You forever forgo such moral rights as soon as they come into existence, to the most extent permissible by law. You must ensure that anyone else with moral rights over the user content you upload is informed.
2.12 Burgertex explicitly disclaims all duty with User Content and does not support any User Content or any opinion, suggestion, or advice stated therein. Burgertex will remove any User Content if it is concerned or is appropriately notified that such Content violates another’s intellectual property rights or if Burgertex finds the content offensive or objectionable.
Burgertex does not permit copyright infringing activities or infringement of any other intellectual property rights on the Burgertex Website. Burgertex retains the ownership, in its sole discretion, to delete User Content without warning.
2.13 You hold Burgertex harmless for violating any condition without limiting any other provisions in this agreement.
2.14 To the fullest extent allowed by law, Burgertex, its directors, employees, agents, and representatives disclaim all liability for any loss or damage, whether direct, indirect, special, or consequential, or for any personal injury suffered or sustained by any user, arising in any way from or connected with the Burgertex Website, including, but not exclusively, such loss, damage, or injury arising out of:
A. Using the Burgertex website;
B. any typographical or photographic mistakes in any information on the Burgertex website;
C. Using the Burgertex website; any typographical or photographic mistakes in any information on the Burgertex website;
By the law, Burgertex and its representatives:
3.1 To the fullest extent allowed by law, Burgertex disclaims all liability for any mistake, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer virus, bug, unauthorized intervention, fraud, technical failure, theft or destruction, or unauthorized access to the Burgertex Website, or for alteration of any information provided by a Burgertex Website user.
3.2 You now release and discharge Burgertex, its officers, employees, agents, and representatives from any claims related to, resulting from, or connected with your access to the Website.
3.3 The Trade Practices Act of 1974 (Cth) and other state and territory laws forbid the exclusion, limitation, and modification of terms, conditions, and guarantees implied in some contracts for the provision of goods or services.
If Burgertex violates any of these terms, Burgertex’s liability for the violation is, to the extent permitted by law and at Burgertex’s option, limited to If Burgertex violates any of these terms, Burgertex’s liability for the violation is, to the extent permitted by law and at Burgertex’s option, limited, Burgertex’s penalty for the breach is, to the extent permitted by law and at Burgertex’s option, limited to:
(a) in the case of Burgertex-supplied or offered goods, repair, replacement, or supply of equivalent goods; or
(b) in the case of Burgertex-supplied or offered services, resupply of the services, or payment of the cost of doing so.
By using the Burgertex Website and making a purchase, and using any products advertised here, you agree to hold Burgertex, its directors, employees, agents, and representatives harmless from and against any actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis), incurred or suffered as a direct or indirect result.
Burgertex disclaims any liability for any third-party websites that may be accessed through links on the Burgertex Website. The Burgertex Website connects to other websites merely as a convenience to you. Burgertex is not responsible for the availability, accuracy, or content of any linked websites and will not be held liable for any use.
You assume all risk when you click on a link to another website.